CFP: Civil Wrongs and Justice in Private Law

Submission deadline: June 1, 2018

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Call for Papers: Civil Wrongs and Justice in Private Law

We are inviting submissions to a collection on private law theory under contract with Oxford University Press, Civil Wrongs and Justice in Private Law (Paul Miller and John Oberdiek, eds.).  The OUP volume will be mostly comprised of solicited contributions, but we seek to include an additional two contributions through this call for papers.  The deadline for submission is June 1, 2018.  The word limit is 10,000 words, inclusive of footnotes.  Scholars at any stage, including graduate students, as well as those mainly working outside of private law theory, are encouraged to submit. 

Authors whose papers are selected for inclusion, along with the authors of solicited contributions, will workshop their papers at a conference hosted by the Rutgers Institute for Law and Philosophy at Rutgers Law School in Camden, New Jersey on October 5-6, 2018. The Rutgers Institute for Law and Philosophy will cover lodging and meals during the two-day conference.

The resulting volume will fill a gap in the literature: given the prominence of civil wrongs in private law, and in the development of private law theory, it is striking that scholarly treatment of the subject is sporadic and disconnected. There is, as yet, no resource to which one can turn for a synoptic view of civil wrongs from multiple perspectives.  Contributors are invited to write on topics including:

  • The nature of civil wrongs
  • The conceptual and/or normative relationship between civil and criminal wrongs
  • The conceptual and/or normative relationship between civil and moral wrongs
  • The extent to which private law – and/or various fields within it – are, or are not, organized around civil wrongs
  • The relationship between civil wrongs and civil recourse
  • The relationship between civil wrongs and remedies
  • The relationship between civil wrongs, excuses, and punishment
  • The relationship between civil wrongs and corrective, retributive, distributive and/or other conceptions of justice
  • The relationship between civil wrongs and moral values (e.g., equality, dignity, autonomy, welfare)
  • Civil wrongs in tort law
  • Civil wrongs in contract law
  • Civil wrongs and property law (including intellectual property law)
  • Civil wrongs in equity (including fiduciary law)
  • Civil wrongs and classification in private law
  • Civil wrongs beyond the conventional apparatus of private law: settlement, arbitration, mediation
  • Civil wrongs beyond the conventional apparatus of private law: regulation and legislation

Committed contributors are: Nico Cornell (Michigan), Lee Anne Fennell (Chicago), Kimberly Ferzan (Virginia), Johann Frick (Princeton), John Gardner (Oxford), Andrew Gold (DePaul), John Goldberg (Harvard) and Benjamin Zipursky (Fordham), Ori Herstein (Hebrew University of Jerusalem/KCL), Larissa Katz (Toronto), Gregory Keating (USC), Rahul Kumar (Queens), Daniel Markovits (Yale), Paul Miller (Notre Dame) and Jeff Pojanowski (Notre Dame), Liam Murphy (NYU), John Oberdiek (Rutgers), David Owens (KCL), James Penner (NUS), Adam Slavny (Warwick), Stephen Smith (McGill), Findlay Stark (Cambridge), Victor Tadros (Warwick), Alec Walen (Rutgers), and R. Jay Wallace (Berkeley)

TO SUBMIT a paper for consideration, please email John Oberdiek: oberdiek AT law.rutgers.edu.

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